129F or I-130??

[chiquitilla13]

Hello. I have seen a lot of different stuff about the I-129F fiance petition being quicker than the I-130. Is this true? I am still engaged, set to be married on December 8th, am I even eligible still for the fiance petition or is it to late? Plus my fiance lives here, I'm not sure if that makes us ineligible. Which one should I do?

[aussiewench]

You are eligible for the K-1 Fiance(e) Visa right up to the point that you are married. If you marry prior to the issuance of the K-1 Fiance(e) Visa or prior to entry to the US after being granted the K-1, then you would need to start all over with either the Immigrant or K-3 visa for a spouse.

Yes, the K-1 Fiance Visa is generally the fastest. This is even more so at some consulates such as Ciudad Juarez where wait times for the Immigrant Visa to be scheduled is around a year, from memory.

If you haven't yet filed, and plan to marry on Dec 8 this year, it is very doubtful that you could have the petition approved by USCIS and interview for the K-1 in time. You have two options, postpone the big wedding and go the K-1 route, or keep to your plan and have the wedding, and go the K-3 or Immigrant Visa route.

The consulate where the interview will take place, is it Ciudad Juarez?

[chiquitilla13]

Yes it is Ciudad Juarez. What is the K-3 visa? Is it the same as the I-130?

[aussiewench]

The K-3 visa for a spouse is another visa option when married to a US citizen. It is a non-immigrant visa just as the K-1. Have a read of Visa Options (http://www.familybasedimmigration.com/forum/showthread.php?t=417#K3) which will give you an overview and comparison of the Immigrant and K-3 Visas.